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Academic
: Legal Theory BlogWebber on Constituting Rights by Limitation
By Lawrence Solum
Grégoire Webber (McGill University, Centre for Human Rights and Legal Pluralism) has posted Constituting Rights by Limitation on SSRN. Here is the abstract:
This draft chapter, part of a forthcoming manuscript on the limitation of rights, argues that rights are constituted by their limitation. I argue against the received view that limitations are prohibitive, or restrictive of otherwise generous rights and maintain that once the limitation of a right is conceived as the specification of the right's content and scope, rights emerge-not as opposed to but-as constitutive components of what is justifiable in a free and democratic society and will, in all cases, be absolute. The draft chapter defends a conception of rights as conclusions to practical reasoning.
Full post as published by Legal Theory Blog on January 08, 2009 (boomark / email).
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